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Spouse visa granted 2yrs but things not working out

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martha
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Post by martha » Sun Apr 06, 2008 6:22 pm

Hi there,
I shouldnt worry too much if the police dont take it further, other than a call to the Bristol mob. I think that will be all thats needed anyway to keep them in check. the main thing is the police know everything.
Hope all goes well with solicitor. I would think that he should be able to get the address somehow, as you dont know it. Dont think you will have a problem finding reasons for a divorce. Unreasonable behaviour springs to mind, and actually what I am going for right now too.
But all is still going well for you.
Positive progress. Onwards and upwards bro!
Keep us updated all the time though. take care

masalawalla
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Post by masalawalla » Mon Apr 07, 2008 7:01 pm

I had sorted out my two letters and made copies of my passport and paperwork. My father will be posting them both tomorrow recorded delivery.

I also found a solictor (recommended from a family friend) but he cannot see me till next Monday. They are sending me a letter to confirm and also what paperwork they want me to bring.

Anybody able to shed any light on what they will require from me.

ps. I shall try and look on a divorce forum the same info' and posts here shoild i find the answer to my own question.

pps. I don't have her address but am sure the police do. Would a solictor be able to get the information from them.

martha
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Post by martha » Mon Apr 07, 2008 9:09 pm

Salaams Brother,
Your solicitor needs you to take your passport or driving licence as form of ID for the solicitor to proceed with the divorce. Just a regularity, and nothing to worry about. I think then he will take a copy and hand your passport back to you.
He also will need your last 3 months bank statements, and I think evidence of your wages, or if on benefits then confirmation that you receive them. Perhaps also if you own your own home then proof of this might be needed too. These things are sent along to the court, so they see exactly the full state of your affairs, when issuing divorce papers, At least this is my understanding.
I say this because I am having to do the same thing myself. In my case I receive benefits. Tomorrow I go to the solicitors to sign some papers that then go with my documental evidence to the courts. Divorce papers can then be issued.
If I know more tomorrow on the actual proceedings I will let you know. In my case my husband has already told me thathe will not sign when he is served the divorce papers. This in itself will mean the solicitors have to use an alternative route. Again, when I know more I will let you know. It is possible that your wife will decide to do the same and not sign. But let's hope not . take care

martha
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Post by martha » Tue Apr 08, 2008 2:52 pm

Salaams brother,
An update as promised.
When divorce papers are served, an official takes them to the other person. If they refuse to take them, then the official has to swear an affidavit saying he tried. The solicitors then can continue with the divorce for you.
If the other party takes the papers they then have 3 weeks in which to submit them. Should they not return them then again solicitors can still proceed.
At least this is my understanding of it.
If the divorce is contested it will mean a court hearing, with maybe some form of settlement. I guess that depends on how the other party's solicitor is instructed.
I hope I have informed you correctly so far, but your solicitor will tell you when you meet them next week.
I suppose the main thing is that once you start divorce proceedings then it doesnt seem to matter what the other party wants. A divorce it seems can still continue, with or without the others permission.
This might also explain why my husband could be begging me to change my mind, hehe.
Keep in touch.

johnboy096
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Location: UK

Post by johnboy096 » Tue Apr 08, 2008 5:04 pm

Assalamu Alaikum all,

May the Peace, Blessings & Mercy Allah be upon us all Inshallah!

If you need any help bro, send a personal message and I’ll help you with letter templates or any other general advice.

As my ex-wife tried to do the same, but she made the mistake of flying back to Pakistan, and then trying to return secretly at the other end of the country.

masalawalla
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Post by masalawalla » Tue Apr 08, 2008 6:25 pm

Back home there was a letter from my solicitor. He was confirming my appointment and stating some details. He has only asked me to bring proof of id (passport) and any evidence which might support my case for legal aid if I believe I qualify. ie wages slips, P60, mortgage payemtns, child care costs etc I'm pretty sure I don't as I'm currently working full-time. I don't thankfully have any kids, or a mortgage to pay.

My problem will be locating her as I do not have her address other than Bristol. I'm hoping the police do and that the solicitor shall be able to get it from them. If not I guess I could be knackered for a while. Hopfully she might even start proceedings against me.

My visit next week will be my first face to face with the solicitor so I guess it will mainly involve me telling them why I want the divorce and possible avenues to contest.

@Martha. You are perhaps in a more advantageous situation in that you know where he is. Hopefully despite him refusing to sign it wont matter and you get your break from him. Hope all goes well for you.

@johnboy096 - I don't think my ex is stupid enough to leave the country. She has the Bristol group advising her and they plan to clean me out one way or another. A question for you. Did BIA Croydon or Islamabad ever confirm recepit of your letters.

@anybody Not quite sure if and when the divorce does get sorted, how long a financial settlement would take. All I have been advised is to concentrate on the divorce and let them initiate the financial claim.

Ps.

thirdwave
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Post by thirdwave » Tue Apr 08, 2008 6:53 pm

johnboy096 wrote:Assalamu Alaikum all,

May the Peace, Blessings & Mercy Allah be upon us all Inshallah!

If you need any help bro, send a personal message and I’ll help you with letter templates or any other general advice.

As my ex-wife tried to do the same, but she made the mistake of flying back to Pakistan, and then trying to return secretly at the other end of the country.
Do I detect a bit of religious fervour creeping into the forum? Can you guys please keep religion out of the discussion, if you don`t mind??

johnboy096
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Location: UK

Post by johnboy096 » Wed Apr 09, 2008 12:59 pm

thirdwave wrote:
johnboy096 wrote:Assalamu Alaikum all,

May the Peace, Blessings & Mercy Allah be upon us all Inshallah!

If you need any help bro, send a personal message and I’ll help you with letter templates or any other general advice.

As my ex-wife tried to do the same, but she made the mistake of flying back to Pakistan, and then trying to return secretly at the other end of the country.


Hi Thirdwave,

The term is used just to convey peace, I didn't pick out any particular group. If you knew me I say Assalamu Alaikum to everyone religious or non religious, as it means "May peace and Blessings be upon you". rather than me saying "What's up" or "Hey there" they have no meanings in my "ethnocentric" eyes.

And to get back to the thread, I did receive confirmation from the British Embassy in Islamabad by email.
But just write at the end of any correspondence

Please confirm received this communication by phoning on the No's supplied or by email....

You can write "in writing as well" but email is the quickest and most effiecient way, just print off copies and don't delete the emails.
V-salam
Last edited by johnboy096 on Fri Apr 11, 2008 11:15 am, edited 1 time in total.

martha
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Post by martha » Wed Apr 09, 2008 9:39 pm

masalawalla,
Good you have confirmation of the solicitors appoinmtent. I hope you can get the divorce papers served to her OK. Best you start divorce proceedings rather than hope she does. I expect the solicitor might suggest divorce on the grounds of unreasonable behaviour. If she contests the divorce and it goes to court there might be some settlement involved I suppose. Be prepared that if she contests it, that could take many months. So lets hope she doesnt do that. She would be aware that quite a lot will come out in court, and it could cause her embarrassment, especially if it is mentioned that she has scammed you for the purpose of a visa. She might see sense in that case and not contest. She could also be hoping at this time that you dont file for divorce. Guess we wont know this for certain. Solicitors gave me an estimate of costs for mine if it goes to court. That is £3,000. However I get legal aid. If there is a settlement then I may have to pay some or all of the costs. No settlement figure likely in mine though. Anyway,something for you to think about. It could be more or even less than that. Check with the solicitor next week. Just thought mentioning might give you an idea.
It's true that I am in a better position as such, as I do know where my husband is at the moment. I hope he doesnt disappear yet. But I know he has asked, informally, a solicitor a few things too, as he keeps pleading with me not to go ahead. He has even said this solicitor says 'it's no good' I want to do this. actually my h hasnt told the solicitor everything, but as it will all be on the divorce papers I guess he will soon understand my reasons, (assuming my h talks to the solicitor again that is.) My h obviously doesnt want all and sundry to know what he's been up to.
johnboy, you say your wife went back to Pakistan? Is she still there then? Lets hope this is the case. What is your situation now then and can you still go ahead with a divorce?
All the best to you both, Martha

johnboy096
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Location: UK

Post by johnboy096 » Fri Apr 11, 2008 11:12 am

martha wrote: as I do know where my husband is at the moment. I hope he doesnt disappear yet. But I know he has asked, informally, a solicitor a few things too, as he keeps pleading with me not to go ahead. He has even said this solicitor says 'it's no good' I want to do this. actually my h hasnt told the solicitor everything, but as it will all be on the divorce papers I guess he will soon understand my reasons, (assuming my h talks to the solicitor again that is.) My h obviously doesnt want all and sundry to know what he's been up to.
johnboy, you say your wife went back to Pakistan? Is she still there then? Lets hope this is the case. What is your situation now then and can you still go ahead with a divorce?
All the best to you both, Martha
My ex left me, went back to Pakistan, then came back she lives up north now.
Obviously VISA SCAMS is a business in itself alone.
I know a guy who got married in 2006 in Pakistan, he did all the leg work, got the visa.
She stayed with him 3-month then legged to Blackburn to be with the guy she originally engaged to a DRUG DEALER, obviously they just used the husband for the Visa and paperwork.
And then they stated the husband abused her, did him over big time!!!
The guy doesn't know what hit him, Pakistani women are a law unto themselves! :arrow:

masalawalla
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Post by masalawalla » Mon Apr 14, 2008 9:14 pm

Well I finally had my first appointment with the solicitor. Talked mostly about the options I have available and route for probable divorce, ie UB. I explained my situ, even gave him a draft of my letter to immigration at Croydon which had the full story. Talked about the death threats but he said that

To be 100% honest, I wasn't too happy after I'd left. He hardly inspired me that I stood a good chance. I pointed out the police knew her address despite them not giving it to me, would agree to give it to a solicitor. I wanted to start the proceedings their and then, I'd already waited a week to see him. Maybe I need to calm down and relax but ..........

He even started talking to me about making a will, mentionned the whole thing could take between 6-9 months. Financially he stated I could end up having to pay her quite abit, despite her having brought and contributed nothing to our marriage.

Hopefully he's just painting the worst case scenario.......

martha
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Post by martha » Tue Apr 15, 2008 1:11 pm

Hi masalawalla,
I know perhaps you are a bit disappointed after seeing the solicitor. I was initially too. But what you need to remember is that he can only advise you on divorce and he wont take into consideration her immigration matters. I was advised that immigration solicitors could help me, but at cost. I settled for just writing to the HO explaining all.
I think the reason your solicitor didnt go ahead straightaway with proceedings for you,is that he is giving you time to really decide if this is what you want to do. That's my gut feeling, and also what my solicitor did. Solicitors like their clients to be sure.
He advised you that the divorce process will take 6-9months. Thats supposing your wife contests it. He sees that she will probably do this, as she is trying to remain in the UK.
Your best hope I think,is that she will refuse to be served the papers. then the divorce can still proceed, and likely not take so long. Well, thats my understanding from my solicitors. But be prepared for a lengthy process, just in case.
As far as the settlement goes, well, again it depends on your financial circumstances. You dont own your own home, so I dont think she will get much, unless you, not your parents, have a lot of money in the bank or in some other aspect.
Dont be disheartened. See the solicitor again soon, and press forward with proceedings if this is what you decide is best for you. The sooner you start, the more at peace you can be.
As for him mentioning about a will. Well, I guess if you died as things are, then she could have a claim on your estate. After the divorce, I dont think she would benefit. You can do your own will these days. I think you can find out about this on the internet. And it wouldnt necessarily cost a lot. It would also give you peace of mind whilst dealing with the divorce. I think I am right in saying , that the Post Office have Will forms you can do by yourself. Check that one out. I'm sure that is right. A will does not take a long time to do.
Keep pressing ahead. And keep us updated :)

johnboy096
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Location: UK

Post by johnboy096 » Tue Apr 15, 2008 1:45 pm

My prayers are with you bro Inshallah.

My x's hearing is next Tuesday, so some prayers would help.

masalawalla
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Post by masalawalla » Tue Apr 15, 2008 4:24 pm

Well this morning I got a phone call from F&CO confirming receipt of my letter. They asked if anything had changed since she had been taken away and also to request another letter but more to the point. My previous letter was several pages and whilst i probably did state all the facts they needed them more in one page and to the point.

eg. Names, passport details, places where we lived/dates of entry/exit, details of marriage where, when etc

They asked me to make the point clear about making my statement public and also that i nolonger support her application for settlement.

Atleast if they do decide to send her back then it might be easier to divorce her in Pakistan. I just fear that in the meantime the Bristol mob will have taken steps to hide her.

@ martha & johnboy096 - cheers for the support and goodluck with your own cases.

kasim
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Post by kasim » Tue Apr 15, 2008 6:01 pm

...
Last edited by kasim on Sun Jul 12, 2009 12:34 pm, edited 1 time in total.

johnboy096
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Location: UK

Post by johnboy096 » Tue Apr 15, 2008 7:25 pm

kasim wrote:Salaam bros and sis,

I have a similar problem as masalawala.

I came here on initial HSMP visa in March 2008 which is valid for 2 years, along with my wife on spouse visa. Later on I came to know that she used me to come to U.K.

One day I was at work and she left with her relative without informing me. And when I reached home she rung me on my mobile phone and told me she has decided to stay with her relatives because I am being rude to her.

Now I am thinking of divorcing her but have a concern about her spouse visa. I have following questions:

-Please advise if her residential status (spouse visa) will be valid after I divorce her.
-Whether she can change her status here in UK after being divorced. (if yes then on what conditions?)
-Which department I should notify in Home Office once I divorce her so that her spouse visa is not valid.
-What can I do to stop her from changing her status here i.e. ILR or work permit
- Where should I start the divorce proceedings as we married in Pakistan.

I am having this feeling that she may try to change her status via fake domestic violence route.

I am completely shocked and stressed up.
Any advice will greatly appreciate.
___________________________________________________________
In the end all your good deeds will go with you. UK citizenship or money is as long as you live. Trust me you will still live without these.

http://www.immigrationboards.com/viewto ... hlight=ait

Check this thread out, it's got a lot of tips and addresses, oh yeah go and see your MP as well.
Get him to write a letter to the Home Secretary.
Good luck man!

martha
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Post by martha » Wed Apr 16, 2008 11:19 am

firstly johnboy- we wish you well next Tuesday. Our prayers of course are with you. Expect you feel nervous about the hearing. Better still, maybe it's just the system taking its course, and you are rebuilding your life,insha'allah.
masalawalla- good you got a phonecall. And hope that abridged letter is in the post now. As for the divorce, why do you think it will be easier to get that in Pakistan? Is that where you got married? Do you have a civil UK marriage too? I only ask as I was advised that in my case, to track my husband down in Pakistan would be difficult,lengthy and costly, and not necessarily successful. But we had both UK civil marriage and Islamic marriage here. I'm sure you feel the sooner she is away the better. Then you can get on with your life too.
kasim- you can withdraw your support for your wife's spouse visa. If she decides to travel home(Iassume it is Pakistan)for a visit, then if you have notified the Embassy there, then she will be stopped on re-entry to the UK To stop her visa you need to fax or email a PUBLIC STATEMENT to Islamabad, explaining the situation. (see the links johnboy has pasted here for you) You can also write to the Home Office here(again see links)as an extra backup. But Islamabad will do that anyway, as well as notifying all ports of entry.
If she does not travel, and perhaps she realises the implications if she does, then there is little you can do until her spouse visa expires. That is hers until the expiry date. You can only hope that she wants to visit family back home before then. Then it is more favourable to you. Providing you have withdrawn that support.
She cannot apply for ILR without your support, using the spouse visa as a reason. If by then you are divorced, she might be able to apply for a work permit, or visit visa, or student visa, a business permit if she has enough funds, but there you are looking at a lot of money, I believe £200,000 to start up business. You are not able to stop her applying for these things, and she will be assessed I think, partly on information you give the Home Office. If they feel she has scammed you for entry to the UK, they would perhaps be reluctant to grant permission to stay. I dont know if she can change from a spouse visa to another visa right now. As such she doesnt need to do anything until the spouse visa expires.
As regards to a divorce, as you were married in Pakistan, I dont know about this. A solicitor should be able to advise on this. You might be able to do it here ok.
I hope the information I have given is correct and helpful. As johnboy has already said, scamming is big business. And immigration know how common this problem is.
You could ask advice from an immigration solicitor, but they will cost money. And you can always check on the internet for more info if you are still unsure.

As for myself, well my husband is trying his utmost to convince me that he has not used me for a spouse visa. He wants me to accept his mistakes and continue with the marriage, and understand that his 2nd wife is 'allowed'. But it is all very strange how he married her after his spouse visa was granted in Pakistan. Why did he do it that way, and how does she benefit from all of this? A new life here if he gets ILR in October? there are many unanswered questions, and it really does me head in. But at the moment he is trying to convince me that our current situation is all my fault. Is that manipulation? He wants to look after me all life. Shame he didnt make a good job of it before. So why start now? He wants his cake and eat it too? And I am expected to be happy with his terms? Any suggestions what's going on in his head? Am I just getting a load of emotional rubbish from him. or could he be genuine after all.(think I know what response you guys will give)

All the best, Martha

johnboy096
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Location: UK

Post by johnboy096 » Wed Apr 16, 2008 11:57 am

Hi guys,

Thanks for the prayers Inshallah – I need them.

He’s lying to you Martha, this is exactly the trick my ex tried.
They try to emotionally blackmail you, they know you love them and they use that to gin the upperhand!
BEWARE!!!
She left me using Khula, then obviously she realised her lies didn’t wash with the Immigration Officer.
Then she realised her only way of staying was trying to talk me into writing to the Immigration and saying she we were going to reconcile.
I almost did as well, until I realised it was me being played again.

She knew perfectly what she was doing when she left me, she told me had to leave as she needed a new life bla bla bla!!!

Stay Strong!!!

khan85
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Post by khan85 » Wed Apr 16, 2008 12:24 pm

i duno how people can hurt some1 so much! :(
its bad..

anyway guys Good luck from me, and inshallah evrything will be okay!

johnboy096
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Location: UK

Post by johnboy096 » Wed Apr 16, 2008 12:36 pm

khan85 wrote:i duno how people can hurt some1 so much! :(
its bad..

anyway guys Good luck from me, and inshallah evrything will be okay!
Thanks for the well wishes.

martha
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Post by martha » Wed Apr 16, 2008 3:43 pm

Hi johnboy,
Yes I thought you would tell me this. It really amazes me how some Pakistani's can really turn on the tears when they are put in a corner.
Do you think I should consider khula? Something tells me that he will never disappear from my life if he still has this hold over me. I guess an Islamic divorce isnt that good from his perspective, but knowing him he wouldnt tell anybody about this either.
His family apparently are aware of what's going on with us. And the way he makes his other wife sound, turns me into a real ogre. And I'm not that at all. Seems she accepts me, but then perhaps she doesnt have a choice in the matter.
I gave the best I could, and now they are making me to be the guilty one.

I have also asked the solicitor to write him a letter telling him not to phone or come to my home. I have told my h this, but the letter wont arrive till mid next week. I hate these mind games with him. I'm ready to walk into the sea,lol, just for some peace.

masalawalla
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Post by masalawalla » Wed Apr 16, 2008 4:15 pm

@Martha - Don't be fooled.

Yes I got married in Pakistan and only had a ceremony take place there. There was no need to have one here as they had accepted the union over there.

Regards it being easier to divorce over there, as we know where her family lives it would be easier to find her. I know my parents watch some asian channel on SKy where legal advisors tend to have regular weekly segments and similar topics have been discussed where it was stated that you could divorce her islamically. Think talak was also discussed. Whether the divorce over there would be accepted here, I don't rightly know for sure but I don't see why not if they accepted the marriage.

I just fear the worst that the group in Bristol will take measure to hide her. Atleast on my part immigration are aware of her but I believe they will only start actions against her when she either applies for ILR or another visa.

@kasim.

Read thro this thread and if you have any questions, then pm me and I can let you know what measures I've taken or advice although I'm far from an expert on matters.


Good luck to you all from me.

johnboy096
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Location: UK

Post by johnboy096 » Wed Apr 16, 2008 4:53 pm

in my case my x wrote a statement of intent asking for Khula, I sent the talaq with her.

You have to send a copy to the Union Council in Pakistan it has to be stamped by the Pak Embassy here under the 1961 Family Act in Pakistan.

Send the Talaq to her parents address, and one a month apart to the Union Council and they summons her Wali (male rep) to the council if they don't repsond you'll be divorced and you'll need to the talaq-nama converted to a UK version.

I hope that helps Inshallah.

martha
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Post by martha » Wed Apr 16, 2008 6:39 pm

Thanks you guys for the support. I am just about keeping my head above water,lol
masalawalla, it would seem that it might be easier to do the divorce in Pakistan.
So I guess the main concern here is her applying for ILR or something else. And you are right in as much as immigration wont do anything until it expires. I cant see how they would let her stay. But also I can see that you are worried she might disappear into the UK sunset. I sometimes wonder if us scammed citizens get the same human rights as these people do. They certainly get away with such a lot. We are all in a right pickle :(

My divorce papers are ready to be served,hopefully tomorrow.
My h tells me I am being a baby. All because I wont play ball. What a shame :)

johnboy096
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Location: UK

Post by johnboy096 » Wed Apr 16, 2008 7:23 pm

He's telling you you're being a baby, tell him to grow up and be a MAN not a boy.
He needs to understand that actions have consequences - what a pillock!

And Kasim if you're mrs to apply for ILR, she wont get it, she'll have to apply for a new visa and that can ONLY be done from the home country, which is Pakistan. What a shame for all these scammers!!! lmao!!!

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